Fertility: A Novel (38 page)

It was hard for Sarah to hear. Could it be true that so many people had been placed in harm’s way by intentional recklessness and greed? Now she felt some of her mother’s rage.

“Mr. Arkin believes — and I concur — that he bears no fault for your injuries,” Heidigger continued. “However, because of the high regard he and Ms. Malloy-Arkin have for you and the work you did when their daughter was injured, he has chosen to offer you a settlement to recompense you for your pain and suffering. This conversation and any others that may ensue are, of course, to be kept completely confidential. And the offer that will be made to you today is unique — that is, Mr. Arkin will not be entering into negotiations with any other party involved in this most unfortunate occurrence.”

Heidigger looked at his client and motioned that the floor was his. Mark cleared his throat and began. “First, I want to say how sorry I am for what happened. And I wanted to tell you that face-to-face because I mean what I say. I’m a developer, just trying to complete a project on time and, if possible, under budget. My projects have a good safety record. You can check that out for yourselves. But the reality is, however indirectly, my project led to your injuries. And for that, I am sorry. I am here to offer my apologies — on behalf of my wife and myself — for what you’ve experienced as a result of the crane rigger’s screw-up. Beyond that, Catherine and I feel indebted to you for working up the settlement plan that brought some good out of Ariel’s suffering.”

Sarah thought back to the injuries the newborn Arkin baby had sustained. She shuddered to think how she would react if something like that happened to Anna. “I trust your little girl is doing well?” she asked.

Catherine, who’d been sitting solemnly, brightened. “Oh yes, very well. I appreciate you asking about her. She’s toddling around the house and even saying a few words. As far as the doctors can tell, there is no residual effect from her ordeal. We thank our lucky stars for Dr. Smith. He not only saved her life, but also her quality of life. His actions made all the difference.” This unsolicited tribute to Rick pleased Sarah.

Catherine nodded to her husband that he could proceed.

“The settlement you designed allowed us to know that our daughter’s suffering led to measurable improvements in how this hospital works. The neutral third party overseeing the settlement has sent us monthly reports detailing the hospital’s efforts to prevent another disaster like the one that befell our daughter. He confirms that the promised enhancements in staffing and dispensing of medication are being carried out, just as you said they would be. Catherine and I take comfort in knowing that. So the upshot is, we’re both extremely thankful; it was the best possible outcome to the catastrophe that nearly killed our baby.”

Sarah was moved by what he said. It reminded her that even as a lawyer, she could make a difference in people’s lives. “Thank you. I’m pleased that the settlement has provided you with some comfort.”

It was Catherine who spoke next. She seemed almost meek as she began. “I understand, Ms. Abadhi, that you were pregnant when the accident occurred? That you delivered a child later that day? I hope your baby is doing well.”

Out of nowhere, Sarah’s heart started pounding and sweat began pouring from her brow. She closed her eyes and gripped the arms of her chair to stop her hands from trembling. She couldn’t get enough air.

Everything in the room came to a stop.

Harry put his hand on Sarah’s arm. “Sarah, are you okay? Should we get a doctor?”

“No. I just need a minute,” she said, trying to catch her breath.

Harry wanted to kick himself for agreeing to Arkin’s request. “I’m sorry. This meeting seems to be premature. Ms. Abadhi has suffered a terrible ordeal and it may be too early for her to be discussing the fallout from the accident. I suggest we adjourn and meet again when she’s up to it.”

All eyes were on Sarah. Her first instinct was to flee the room. But then her mind flashed on the meeting she’d had with the Arkins, just days after they’d witnessed their baby nearly hemorrhage to death. Now she understood what it had taken for them to leave her and meet with the hospital’s representatives. She took a Kleenex from the box and wiped her brow.

“I’d like to keep going, Harry, if that’s all right with you.”

“It’s entirely your call, Sarah.”

“Then let’s continue.”

Addressing Catherine directly, Sarah said, “You asked about my baby. She’s beautiful. The doctors tell me she is apparently fine. It’s kind of you to ask.”

“Well, I hope your baby will be the blessing Ariel is for us.”

“Thank you,” Sarah said.

“Ms. Abadhi, as my husband said, we’re thankful to you for everything you did to correct the circumstances that allowed the medication overdose that harmed our baby. Because of that — despite the fact that my husband’s firm is not directly responsible for your injuries — we would like to extend an offer to you. Consider it a token of both our appreciation for your efforts and our regret that you were hurt, however indirectly, by my husband’s project. We’re prepared to offer you a million dollars for the pain and suffering associated with your injuries.”

A million. Sarah wondered if what had happened to her was worth more or less than that seven-figure sum. For that she would have to rely on Harry.

At this point, Heidigger jumped into what appeared to be a well-rehearsed presentation. He handed both Sarah and Harry copies of the settlement he’d drawn up. “Of course, our offer does not prevent you from going after the subcontractor who caused the accident. I’m not your attorney, Ms. Abadhi, but you probably will have a case against the city as well, for their corrupt inspector. This settlement is, as my clients say, a token of their appreciation and an effort to help you in your recovery.”

Sarah looked at Harry, who took over. “Of course we’ll give your offer careful consideration. Sarah has a lot to deal with right now, but we’ll get back to you in, say, the next couple of weeks. If there’s nothing else, I think we should let Sarah get some rest.” He moved his chair back to get up, but was surprised when he felt Sarah’s hand on his arm.

“Just a moment, Harry. I’d like to say something. I didn’t think I’d say much at this meeting and I haven’t planned this so you’ll have to bear with me. Since the accident I’ve been thinking a lot about the misery that was visited on me, and on so many others. If there is some higher being, I’d say he — or she, or it — is one hell of a lousy manager. It certainly looks as though we’re all on our own.

“When you asked me about being pregnant on the day of the accident, your question brought up a lot of images. Terrible images. That day I was eagerly awaiting the birth of my baby and, in an instant, everything changed. In that way you and I are part of a club we never wanted to join. We had our hopes and expectations surrounding the arrival of our child stolen from us. In Ariel’s case, it was due to unintentional errors but, nevertheless, they led to a devastating outcome. According to Mr. Heidigger, my injuries were due to intentional malfeasance fueled by greed. The result was nothing short of a calamity.

“So on the one hand, we have action that can lead to disaster; action which, if left unopposed, creates terrible suffering. But on the other hand, we each can be a force for good, just as you described Dr. Smith. For Ariel, he was a force for good. Perhaps we can all take a page out of his book.

“I appreciate you bearing with me. This is the first time I’m giving voice to the thoughts that have been rattling around my head since the accident,” Sarah said. “I guess I’m wondering if there’s a way that some type of good can arise out of this disaster. I have no idea what that might be, or what shape it might take. I’m just thinking out loud, but perhaps some sort of safety institute could be established to reduce the incidence of accidents at construction sites.

“You know, when I close my eyes I still see that crane swaying from side to side. I see two workmen dangling from a pole twenty stories up. I keep thinking about the terror that crane operator and those other men must have felt in the moments before they fell to their deaths. They died because someone didn’t value their lives enough to protect them. I don’t think their deaths should be for naught. I would like to think there is some way to have good come out of this catastrophe.”

Heidigger could hardly get the words out fast enough. “All right then. Thank you for your thoughts, Ms. Abadhi, but we’ve covered what we came here to discuss and I propose that this meeting now adjourn. You have our offer. Mr. Meinig will let us know your decision in the next week or two.”

As the attorney started putting his papers into his attaché case, Mark spoke up. “Just hold on a minute, Larry. No harm in talking. Let’s hear her out. What exactly are you proposing, Ms. Abadhi?”

“I have no definite proposal. I’m just saying that we each have the power to act and we have to decide whether we’ll use that power to improve the world or leave it worse off. If Mr. Heidigger’s description is accurate, the subcontractor acted solely to enrich himself, to hell with everyone else. We see the results. I’m sitting here now, luckily only battered and broken instead of crushed to death. In contrast to the subcontractor, there are people who make it their business to be a force for good. They do what my grandmother would call
mitzvahs
.”

Heidigger couldn’t contain himself. “I don’t see what this has to do with the facts at hand. With all due respect, Ms. Abadhi, and I know you’ve suffered a trauma, this is not Philosophy 101.”

“No, it’s not. It’s real life, Mr. Heidigger. Life and death, good and evil. Just the basics.” Sarah was more self-assured than she’d been since the accident. “As you said, Mr. Arkin, you do not consider yourself directly responsible for what happened, and perhaps from a legal point of view, you’re not.”

Mark looked down at the table for a moment before meeting Sarah’s penetrating gaze. “No ‘perhaps’ about it, Ms. Abadhi.”

“Even if that’s the case — and we both are well aware of the vagaries of liability law — you’ve made an offer to me out of your regret that your project indirectly caused my injuries. You want to do something significant to make things right for me. What I’m saying is, further action springing from that same sentiment could offset some of the destruction and suffering caused by the accident.”

Sarah’s argument made sense to Catherine. She’d long felt it was time her husband used some of his vast fortune for philanthropy, but he always dismissed the notion out of hand. Only one principle drove him: maximizing the interests of Arkin Worldwide. The idea of offering Sarah Abadhi a settlement had been Catherine’s and had it not been for her singular power of persuasion, the meeting would not be taking place. So she was intrigued when her husband began to reply to Sarah’s proposal.

“I know what a
mitzvah
is. I had a Jewish grandmother, too, Ms. Abadhi,” he said in his gravelly voice. “You think I should, out of the goodness of my heart, support construction safety even though I didn’t do a goddamn thing wrong? You forget, Ms. Abadhi, I’m known as a heartless man,” Mark said, now looking piercingly into her eyes.

“I very much doubt the veracity of that assessment,” Sarah responded, not knowing where she was getting the nerve to go toe-to-toe with the mogul.

Her rejoinder led Catherine to suppress a little grin.

Sarah continued. “Just as you’re enamored of Dr. Smith because he worked to counteract a terrible mistake he had no role in creating, I think the victims of this accident — and the citizens of the city — would be grateful to you for any action you could take to prevent yet another tragedy. Though I’m no expert, I think the essence of a
mitzvah
is that you do good just to do good. Still, you would get the bonus of excellent public relations for your firm. Perhaps a tax write-off as well.”

“A
mitzvah
with benefits? Is that what you’re proposing?” Mark asked. The irony was not lost on him.

“You could call it that. I’ve become aware that you have a PR problem. Whether it’s fair or not, I imagine many people attach blame for what happened to you — as the developer. You may not care how you’re viewed by the public. But perhaps you do, or perhaps your family does. What I’m saying is, it could be possible for you to do well by doing good.”

Harry figured he’d better end this exchange before Sarah pissed Arkin off enough for him to pull the offer from the table. “All right, then,” Harry said. “It’s time to wrap things up. We have your offer. You have Ms. Abadhi’s proposal for construction safety philanthropy, which, we understand, is wholly unrelated to your offer to her. Thank you for your time.” He gave Sarah the look that said they were done, and she struggled to get to her feet.

Catherine cringed when she saw how hard Sarah had to work to get up from her chair. She was the last to speak. “We very much appreciate you meeting with us, Ms. Abadhi. We hope you look favorably upon our offer. We look forward to hearing from you soon. All the best to you and your baby.”

As Sarah and Harry slowly made their way down the corridor, she turned to her mentor and whispered, “I couldn’t help myself. Sorry I didn’t stick with the game plan.”

“Ah, forget it. No harm done. Who knows, maybe you gave the bastard something to chew on. Bet you feel better having given him your two cents.”

“Actually, I do. I feel much better.”

CHAPTER THIRTY-THREE

A million dollars was a lot of money. It was during one of Sarah’s grueling therapy sessions that she made up her mind about how she would use it. Though she told no one, her decision brought her a sense of peace as she struggled to master dressing and bathing with her leg encased in the external fixator.

Harry and Grant Salbago worked through the particulars of the settlement with Mark Arkin and his lawyer. Both were surprised by how placidly Arkin received their counter. There were no expletives, no histrionics, no arguing. Arkin accepted the first proposal — the installation of a stair lift in Sarah’s walk-up building — without argument. He agreed to have his staff acquire the needed permission from her landlord and then supervise the installation. If the landlord wanted the stair lift to be temporary, his staff would remove the device when it was no longer needed. In the interim, it would allow Sarah to go home, as well as get to and from her appointments without giving hernias to the guys from the medical transport service.